DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6401)

HIGHRISE INSULATION PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH LAGGING ENTERPRISE AGREEMENT 2017-2019

Plumbing Industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 22 FEBRUARY 2019

Application for approval of the Highrise Insulation Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Highrise Insulation Pty Ltd & CEPU Plumbing Division – NSW Branch Lagging Enterprise Agreement 2017-2019 (the Agreement).

[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Highrise Insulation Pty Ltd. The Agreement is a single enterprise agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – NSW Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Highrise Insulation Pty Ltd & CEPU Plumbing Division – NSW Branch Lagging Enterprise Agreement 2017-2019. The dispute was brought before the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement met the requirements under the Fair Work Act 2009, including whether it provided for the fair and equitable treatment of employees, and whether it was free from any prohibited content.

The Fair Work Commission found that the enterprise agreement did meet the statutory requirements. The Commission examined the agreement's provisions on wages, conditions, and other employment terms, finding that it provided for the fair and equitable treatment of employees. The Commission also considered whether the agreement contained any provisions that were contrary to public policy or not genuinely agreed upon by the parties. After careful review, the Commission concluded that the agreement was free from any prohibited content and was genuinely agreed upon by the parties.

The Fair Work Commission approved the enterprise agreement, recognising that it met the necessary criteria under the Fair Work Act. The agreement was deemed to be fair and equitable, and it was approved for operation during the specified period. The Commission's decision provided clarity and certainty for the parties involved, ensuring that the agreement would be implemented as intended.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established